APPLE PUBLIC SOURCE LICENSE
Version 1.0 - March 16, 1999
Please read this License carefully before downloading this software.
By downloading and using this software, you are agreeing to be bound
by the terms of this License. If you do not or cannot agree to the
terms of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other
work which Apple Computer, Inc. ("Apple") publicly announces as
subject to this Apple Public Source License and which contains a
notice placed by Apple identifying such program or work as "Original
Code" and stating that it is subject to the terms of this Apple
Public Source License version 1.0 (or subsequent version thereof),
as it may be revised from time to time by Apple ("License"). As
used in this License:
1.1 "Applicable Patents" mean: (a) in the case where Apple is the
grantor of rights, (i) patents or patent applications that are now
or hereafter acquired, owned by or assigned to Apple and (ii) whose
claims cover subject matter contained in the Original Code, but only
to the extent necessary to use, reproduce and/or distribute the
Original Code without infringement; and (b) in the case where You
are the grantor of rights, (i) patents and patent applications that
are now or hereafter acquired, owned by or assigned to You and (ii)
whose claims cover subject matter in Your Modifications, taken alone
or in combination with Original Code.
1.2 "Covered Code" means the Original Code, Modifications, the
combination of Original Code and any Modifications, and/or any
respective portions thereof.
1.3 "Deploy" means to use, sublicense or distribute Covered Code other
than for Your internal research and development (R&D), and includes
without limitation, any and all internal use or distribution of
Covered Code within Your business or organization except for R&D
use, as well as direct or indirect sublicensing or distribution of
Covered Code by You to any third party in any form or manner.
1.4 "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.5 "Modifications" mean any addition to, deletion from, and/or change
to, the substance and/or structure of Covered Code. When code is
released as a series of files, a Modification is: (a) any addition
to or deletion from the contents of a file containing Covered Code;
and/or (b) any new file or other representation of computer program
statements that contains any part of Covered Code.
1.6 "Original Code" means the Source Code of a program or other work
as originally made available by Apple under this License, including
the Source Code of any updates or upgrades to such programs or works
made available by Apple under this License, and that has been
expressly identified by Apple as such in the header file(s) of such
work.
1.7 "Source Code" means the human readable form of a program or other
work that is suitable for making modifications to it, including all
modules it contains, plus any associated interface definition files,
scripts used to control compilation and installation of an
executable (object code).
1.8 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your"
includes any entity which controls, is controlled by, or is under
common control with, You, where "control" means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of fifty
percent (50%) or more of the outstanding shares or beneficial
ownership of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms
and conditions of this License, Apple hereby grants You, effective
on the date You accept this License and download the Original Code,
a world-wide, royalty-free, non-exclusive license, to the extent of
Apple's Applicable Patents and copyrights covering the Original
Code, to do the following:
2.1 You may use, copy, modify and distribute Original Code, with or
without Modifications, solely for Your internal research and
development, provided that You must in each instance:
(a) retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Apple as they appear
in the Original Code, and keep intact all notices in the Original Code
that refer to this License;
(b) include a copy of this License with every copy of Source Code of
Covered Code and documentation You distribute, and You may not offer
or impose any terms on such Source Code that alter or restrict this
License or the recipients' rights hereunder, except as permitted under
Section 6; and
(c) completely and accurately document all Modifications that you have
made and the date of each such Modification, designate the version of
the Original Code you used, prominently include a file carrying such
information with the Modifications, and duplicate the notice in
Exhibit A in each file of the Source Code of all such Modifications.
2.2 You may Deploy Covered Code, provided that You must in each
instance:
(a) satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;
(b) make all Your Deployed Modifications publicly available in Source
Code form via electronic distribution (e.g. download from a web site)
under the terms of this License and subject to the license grants set
forth in Section 3 below, and any additional terms You may choose to
offer under Section 6. You must continue to make the Source Code of
Your Deployed Modifications available for as long as you Deploy the
Covered Code or twelve (12) months from the date of initial
Deployment, whichever is longer;
(c) must notify Apple and other third parties of how to obtain Your
Deployed Modifications by filling out and submitting the required
information found at
http://www.apple.com/publicsource/modifications.html; and
(d) if you Deploy Covered Code in object code, executable form only,
include a prominent notice, in the code itself as well as in related
documentation, stating that Source Code of the Covered Code is
available under the terms of this License with information on how and
where to obtain such Source Code.
3. Your Grants. In consideration of, and as a condition to, the
licenses granted to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive,
royalty-free license, under Your Applicable Patents and other
intellectual property rights owned or controlled by You, to use,
reproduce, modify, distribute and Deploy Your Modifications of the
same scope and extent as Apple's licenses under Sections 2.1 and 2.2;
and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive,
worldwide, royalty-free, perpetual and irrevocable license, under Your
Applicable Patents and other intellectual property rights owned or
controlled by You, to use, reproduce, execute, compile, display,
perform, modify or have modified (for Apple and/or its subsidiaries),
sublicense and distribute Your Modifications, in any form, through
multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In each such
instance, You must make sure the requirements of this License are
fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in
Section 2, no other patent rights, express or implied, are granted
by Apple herein. Modifications and/or Larger Works may require
additional patent licenses from Apple which Apple may grant in its
sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations and/or
other rights consistent with the scope of the license granted herein
("Additional Terms") to one or more recipients of Covered
Code. However, You may do so only on Your own behalf and as Your
sole responsibility, and not on behalf of Apple. You must obtain the
recipient's agreement that any such Additional Terms are offered by
You alone, and You hereby agree to indemnify, defend and hold Apple
harmless for any liability incurred by or claims asserted against
Apple by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new
versions of this License from time to time. Each version will be
given a distinguishing version number. Once Original Code has been
published under a particular version of this License, You may
continue to use it under the terms of that version. You may also
choose to use such Original Code under the terms of any subsequent
version of this License published by Apple. No one other than Apple
has the right to modify the terms applicable to Covered Code created
under this License.
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or
in part pre-release, untested, or not fully tested works. The
Original Code may contain errors that could cause failures or loss
of data, and may be incomplete or contain inaccuracies. You
expressly acknowledge and agree that use of the Original Code, or
any portion thereof, is at Your sole and entire risk. THE ORIGINAL
CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF
SECTIONS 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY
REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE
WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You
acknowledge that the Original Code is not intended for use in the
operation of nuclear facilities, aircraft navigation, communication
systems, or air traffic control machines in which case the failure
of the Original Code could lead to death, personal injury, or severe
physical or environmental damage.
9. Liability.
9.1 Infringement. If any of the Original Code becomes the subject of
a claim of infringement ("Affected Original Code"), Apple may, at
its sole discretion and option: (a) attempt to procure the rights
necessary for You to continue using the Affected Original Code; (b)
modify the Affected Original Code so that it is no longer
infringing; or (c) terminate Your rights to use the Affected
Original Code, effective immediately upon Apple's posting of a
notice to such effect on the Apple web site that is used for
implementation of this License.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR
INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
liability to You for all damages under this License exceed the
amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the
trademarks or trade names "Apple", "Apple Computer", "Mac OS X",
"Mac OS X Server" or any other trademarks or trade names belonging
to Apple (collectively "Apple Marks") and no Apple Marks may be
used to endorse or promote products derived from the Original Code
other than as permitted by and in strict compliance at all times
with Apple's third party trademark usage guidelines which are
posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Apple retains all rights, title and interest in and to
the Original Code and any Modifications made by or on behalf of
Apple ("Apple Modifications"), and such Apple Modifications will
not be automatically subject to this License. Apple may, at its
sole discretion, choose to license such Apple Modifications under
this License, or on different terms from those contained in this
License or may choose not to license them at all. Apple's
development, use, reproduction, modification, sublicensing and
distribution of Covered Code will not be subject to this License.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will
terminate:
(a) automatically without notice from Apple if You fail to comply with
any term(s) of this License and fail to cure such breach within 30
days of becoming aware of such breach; (b) immediately in the event of
the circumstances described in Sections 9.1 and/or 13.6(b); or (c)
automatically without notice from Apple if You, at any time during the
term of this License, commence an action for patent infringement
against Apple.
12.2 Effect of Termination. Upon termination, You agree to
immediately stop any further use, reproduction, modification and
distribution of the Covered Code, or Affected Original Code in the
case of termination under Section 9.1, and to destroy all copies of
the Covered Code or Affected Original Code (in the case of
termination under Section 9.1) that are in your possession or
control. All sublicenses to the Covered Code which have been
properly granted prior to termination shall survive any termination
of this License. Provisions which, by their nature, should remain
in effect beyond the termination of this License shall survive,
including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and
13. Neither party will be liable to the other for compensation,
indemnity or damages of any sort solely as a result of terminating
this License in accordance with its terms, and termination of this
License will be without prejudice to any other right or remedy of
either party.
13. Miscellaneous.
13.1 Export Law Assurances. You may not use or otherwise export or
re-export the Original Code except as authorized by United States
law and the laws of the jurisdiction in which the Original Code was
obtained. In particular, but without limitation, the Original Code
may not be exported or re-exported (a) into (or to a national or
resident of) any U.S. embargoed country or (b) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Department of Commerce's Table of Denial Orders. By
using the Original Code, You represent and warrant that You are not
located in, under control of, or a national or resident of any such
country or on any such list.
13.2 Government End Users. The Covered Code is a "commercial item" as
defined in FAR 2.101. Government software and technical data
rights in the Covered Code include only those rights customarily
provided to the public as defined in this License. This customary
commercial license in technical data and software is provided in
accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
Software) and, for Department of Defense purchases, DFAR
252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3
(Rights in Commercial Computer Software or Computer Software
Documentation). Accordingly, all U.S. Government End Users acquire
Covered Code with only those rights set forth herein.
13.3 Relationship of Parties. This License will not be construed as
creating an agency, partnership, joint venture or any other form of
legal association between You and Apple, and You will not represent
to the contrary, whether expressly, by implication, appearance or
otherwise.
13.4 Independent Development. Nothing in this License will impair
Apple's right to acquire, license, develop, have others develop for
it, market and/or distribute technology or products that perform
the same or similar functions as, or otherwise compete with,
Modifications, Larger Works, technology or products that You may
develop, produce, market or distribute.
13.5 Waiver; Construction. Failure by Apple to enforce any provision
of this License will not be deemed a waiver of future enforcement
of that or any other provision. Any law or regulation which
provides that the language of a contract shall be construed against
the drafter will not apply to this License.
13.6 Severability. (a) If for any reason a court of competent
jurisdiction finds any provision of this License, or portion
thereof, to be unenforceable, that provision of the License will be
enforced to the maximum extent permissible so as to effect the
economic benefits and intent of the parties, and the remainder of
this License will continue in full force and effect. (b)
Notwithstanding the foregoing, if applicable law prohibits or
restricts You from fully and/or specifically complying with
Sections 2 and/or 3 or prevents the enforceability of either of
those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and
destroy all copies of it that are in your possession or control.
13.7 Dispute Resolution. Any litigation or other dispute resolution
between You and Apple relating to this License shall take place in
the Northern District of California, and You and Apple hereby
consent to the personal jurisdiction of, and venue in, the state
and federal courts within that District with respect to this
License. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly
excluded.
13.8 Entire Agreement; Governing Law. This License constitutes the
entire agreement between the parties with respect to the subject
matter hereof. This License shall be governed by the laws of the
United States and the State of California, except that body of
California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested
that this License and all related documents be drafted in English. Les
parties ont exige que le present contrat et tous les documents
connexes soient rediges en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights
Reserved. This file contains Original Code and/or Modifications of
Original Code as defined in and that are subject to the Apple Public
Source License Version 1.0 (the 'License'). You may not use this file
except in compliance with the License. Please obtain a copy of the
License at http://www.apple.com/publicsource and read it before using
this file.
The Original Code and all software distributed under the License are
distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the
License for the specific language governing rights and limitations
under the License."